Challenge Policy
1. Eligibility
Challenges are open only to persons who are 18 years old or older as of the date of entry. Challenges are void where prohibited by law. Employees of Pencila Technologies GmbH, its affiliates, subsidiaries, advertising and promotion agencies, and suppliers (collectively the “Employees”), and immediate family members and/or those living in the same household of Employees are not eligible to participate in the Challenge. Challenges are subject to all applicable federal, state, and local laws and regulations and void where prohibited.
2. Agreement to Rules
By participating in a Challenge, the Challenge Taker (“You”) agrees to be fully unconditionally bound by these Rules, and You represent and warrant that You meet the eligibility requirements and that the Challenge is not prohibited in Your jurisdiction. In addition, You agree to accept the decisions of Pencila as final and binding as it relates to the Challenge.
3. Challenge Period
All online entries must be received by the Submission end date. The Submission end date is listed on the challenge description page.
4. How to Enter
To participate in a challenge, you must publish a design to the Pencila community and select a challenge to participate in. Designs must be created in Pencila to provide fair competition to every participant. Designs that only consist of one uploaded image are not accepted as valid entries. Designs submitted as Entries shall fall under the themes listed in the Challenge Description. Photos and/or designs containing sexual content, violence, or gore will not be accepted. An Entry must fulfill all challenge requirements, as specified, to be eligible to win a prize. You may submit as many Entries as you can. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Pencila. You must provide the information requested. If You use fraudulent methods or otherwise attempt to circumvent the rules, your submission may be removed from eligibility at the sole discretion of Pencila.
5. Prizes
Prizes are listed on the challenge description page. There are up to 3 winners per challenge. Any money transfers will be made through PayPal. The specifics of the prize shall be solely determined by Pencila. No other prize substitution shall be permitted except at Pencila’s discretion. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of the Winner. No substitution of prize or transfer/assignment of prize to others or request for the cash equivalent by Winner is permitted. Acceptance of the prize constitutes permission for Pencila to use Winner’s name, likeness, and Entry for purposes of advertising and trade without further compensation.
6. Winner Selection and Notification
Winners are picked by the community in the form of upvotes. To prevent fraudulent voting behavior or fake accounts, only upvotes by active community members impact the score of a submission. The entry with the highest score wins the challenge. The voting period extends for 2 days after the challenge ended, to make sure later entries have a chance to win.
Who can vote? All Pencila users are allowed to vote for as many designs as they want. You have one vote per design.
For voting, we recommend the following criteria:
- Execution of the challenge brief
- Visual appeal
- Technical execution
- Uniqueness
7. Result of Community Votes
The result of the community votes will be final and binding for all Challenge Takers in respect to all matters relating to the Challenge. Winners will be notified by direct message through email within five (5) days following the selection of Winner. Pencila shall have no liability for Winner’s failure to receive notices due to spam, junk email, or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If Winner cannot be contacted, is ineligible, fails to claim the prize within fifteen (15) days from the time the award notification was sent, or fails to timely return a completed and executed declaration and release as required, the prize may be forfeited and an alternate Winner selected. Receipt by Winner of the prize offered in a Challenge is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER, AT PENCILA’S SOLE DISCRETION, WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CHALLENGE, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
8. Rights Granted by You
By participating in a Challenge, You understand and agree that Pencila, anyone acting on behalf of Pencila, and Pencila’s licensees, successors, and assigns, shall have the right, where permitted by law, to print, publish, broadcast, distribute, and use in any media now known or hereafter developed, in perpetuity and throughout the World, without limitation, your entry, name, portrait, picture, voice, likeness, image, statements about the Challenge, and biographical information for news, publicity, information, trade, advertising, public relations, and promotional purposes without any further compensation, notice, review, or consent. By entering this content, You represent and warrant that your entry is an original work of authorship and does not violate any third party’s proprietary or intellectual property rights. If your entry infringes upon the intellectual property right of another, You will be disqualified at the sole discretion of Pencila. If the content of your entry is claimed to constitute infringement of any proprietary or intellectual property rights of any third party, You shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Pencila from and against any suit, proceeding, claims, liability, loss, damage, costs, or expense, which Pencila may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.
9. Terms & Conditions
Pencila reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Challenge should virus, bug, non-authorized human intervention, fraud, or other cause beyond Pencila’s control corrupt or affect the administration, security, fairness, or proper conduct of the Challenge. In such a case, Pencila may select the Winner from all eligible entries received prior to and/or after (if appropriate) the action taken by Pencila. Pencila reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Challenge or website or violates these Terms & Conditions. Pencila has the right, in its sole discretion, to maintain the integrity of the Challenge, to void entries for any reason, including, but not limited to: multiple entries or votes from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Challenge rules; or the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Challenge may be a violation of criminal and civil laws. Should such an attempt be made, Pencila reserves the right to seek damages to the fullest extent permitted by law. By participating in this Challenge, You acknowledge that this Challenge is in no way sponsored, endorsed, or administered by, or associated with Instagram or any other social media site.
10. Limitation of Liability
By entering, You agree to release and hold harmless Pencila and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Challenge and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.
11. Disputes
ALL CHALLENGES ARE GOVERNED BY THE LAWS OF THE UNITED STATES, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in challenges, the participant agrees that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with a Challenge, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the United States having jurisdiction. Further, in any such dispute, under no circumstances shall the participant be permitted to obtain awards for, and hereby waives all rights to, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than the participant’s actual out-of-pocket expenses (i.e., costs associated with entering this challenge). Participant further waives all rights to have damages multiplied or increased.
12. Privacy Policy
Information submitted with an entry is subject to the Privacy Policy stated on Pencila’s website. To read the Privacy Policy, click here.
13. Acceptance of Rules
By participating in a Challenge, You, the Challenge Taker, have affirmatively reviewed, accepted, and agreed to all of the Official Rules.
